Proposed Agenda for the GNSO Council Teleconference 8 May 2014

Last Updated: 8 May 2014
Date: 
8 May 2014

This agenda was established according to the GNSO Council Operating Procedures approved 13 September 2012 for the GNSO Council and updated.
<http://gnso.icann.org/en/council/op-procedures-13jun13-en.pdf>
For convenience:

  • An excerpt of the ICANN Bylaws defining the voting thresholds is provided in Appendix 1 at the end of this agenda.
  • An excerpt from the Council Operating Procedures defining the absentee voting procedures is provided in Appendix 2 at the end of this agenda.

Meeting Times 15:00 UTC
http://tinyurl.com/q44vur2

Coordinated Universal Time 15:00 UTC
08:00 Los Angeles; 11:00 Washington; 16:00 London; 17:00 Brussels; 23:00 Perth

Dial-in numbers will be sent individually to Council members. Councillors should notify the GNSO Secretariat in advance if a dial out call is needed.

GNSO Council meeting audiocast
http://stream.icann.org:8000/gnso.m3u

Item 1: Administrative matters (10 mins)

1.1 Roll Call
1.2 Statement of interest updates
Tony Holmes
1.3 Review/amend agenda
1.4. Note the status of minutes for the previous Council meeting per the GNSO Operating Procedures:
Minutes of the GNSO Council meetings 27 February 2014, 26 March 2014, were posted as approved on 25 April and the GNSO Council meetings 10 April 2014 were posted as approved on 30 April 2014.

Item 2: Opening Remarks / Review of Projects & Action List (10 mins)

Review focus areas and provide updates on specific key themes / topics

Include review of Projects List and Action List.

Comments or questions arising.

Item 3: Consent agenda (0 mins)

Former GNSO Councillor Mikey O'Conner has resigned from the Data and Metrics for Policy Making non-PDP working group.

The Council confirms the new Chair and Co-Chairs for the Data and Metrics for Policy Making non-PDP working group, namely Jonathan Zuck (IPC) as Chair as well as Rudy Vansnick (NPOC), Olevie Kouami (NPOC) and Cheryl Langdon-Orr (At-Large) as Co-Chairs.

Confirmation of Avri Doria as member of the GAC / GNSO Consultation Group and replacement for Mikey O'Conner.

Item 4: MOTION – Specification 13 to the New gTLD Registry Agreement (20 mins)

The ICANN new gTLD Programme Committee (NGPC) has resolved to approve Specification 13 to the New gTLD Registry Agreement. However, this does not currently include a proposed additional clause. Incorporation of the proposed additional clause (allowing a .Brand registry operator to designate a limited number of preferred registrars) is approved but will not be implemented until 45 days from the publication of the NGPC resolution in order to:

(i) provide the GNSO Council with an opportunity to advise ICANN as to whether the GNSO Council believes that this additional provision is inconsistent with the letter and intent of GNSO Policy Recommendation 19 on the Introduction of New Generic Top-Level Domains;

OR

(ii) advise ICANN that the GNSO Council needs additional time for review, including an explanation as to why additional time is required.

Here the Council will review and vote on a motion which deals with the issue of Specification 13 in so far as the Council attempts to answer the question posed by the NGPC.

4.1 – Motion (Thomas Rickert)
4.2 – Discussion
4.3 – Vote (simple majority)

Item 5: DISCUSSION – Internet Governance Issues (20 mins)

The transition of the IANA function from the US government oversight is now firmly on the GNSO's agenda and the Council must determine its role and function with respect to this. A proposal was made in Singapore for the formation of a Cross-Community Working Group (CWG) to work on transition from NTIA and a very early stage initial draft of a potential charter for such a CWG was circulated.  This has been modified a little since and is available here.

The existing CWG on internet governance has since commenced work on its own charter and indications are that such a charter will not include detailed work on the NTIA transition. In addition, indications are that the ccNSO may be interested in jointly initiating a new CWG on the NTIA transition together with the GNSO and that other AC/SO parts of ICANN will participate in such a CWG. Given the scope and impact of the IANA transition, it is likely that such a CWG will need to reach out beyond the ICANN community for participation and input.

In this item, the Council will take the opportunity to comment and provide input into the formation and development of a CWG on the NTIA transition.

5.1 – Discussion
5.2 – Next steps

Item 6: Update – Forthcoming review of the GNSO (15 mins)

As part of a periodic review process that is built into the ICANN model, ICANN board initiated reviews of the GNSO (and the GNSO Council and related functions) will take place. The objective of the Review has been clarified as i.e. to examine the organizational effectiveness of the GNSO, including its components (GNSO Council, GNSO Working Groups, GNSO Stakeholder Groups and Constituencies). The review will be tightly scoped based on objective and quantifiable criteria provided to the independent examiner. A webinar to discuss this in more detail has been recently announced.

The Structural Improvements Committee (SIC) is requesting that a GNSO Review Working Party be assembled to function as a liaison between the GNSO, the independent examiner and the SIC, to provide input on review criteria and the 360 Assessment, coordinate interviews and objectively supply clarification and responses to the draft findings and recommendations.

The SIC envisages that once a final report is issued and the Board takes action on it, as appropriate, the GNSO Review Working Party will coordinate with the GNSO community to prepare an Implementation Plan and champion implementation of improvement activities.

6.1 – Update (Jennifer Wolfe)
6.2 – Discussion
6.3 – Next steps

Item 7: Update – Work on IDN Variants (10 mins)

IDN variants cannot be introduced into the root zone until a set of uniform Label Generation rule sets (LGRs) have been developed for each identified script and integrated into a uniform mechanism for permissible variant TLD labels. ICANN's IDN Variant Project is a multi-phase program that is currently working on the creation of these LGRs. Here ICANN staff will provide a brief primer on IDN variants and the Project, in order to ensure that the Council is informed and to facilitate deeper understanding of the issues and possible solutions.

7.1 – Staff Update (Steve Sheng)
7.2 – Discussion
7.3 – Next steps

Item 8: Update – WHOIS Studies (10 mins)

The last of the WHOIS studies commissioned by the GNSO were recently completed and published. In light of the ongoing work on WHOIS both within the GNSO and elsewhere, the GNSO will need to consider the utility and outcomes of these studies in relation to its policy work on WHOIS.

8.1 – Staff Update (Mary Wong)
8.2 – Discussion
8.3 – Next steps

Item 9: UPDATE & DISCUSSION – Planning for London (10 mins)

Making the most out of the face-to-face meeting time available at the ICANN Meeting in London will take planning. GNSO Council Vice Chair, Volker Greimann will lead this and will be working with the Council and staff on this effort.

Here the Council has the opportunity to feed into plans and provide input based on past experience. Included in this item will be the opportunity to shape the approach to and substance of the Council's proposed meetings with other groups in such as the ccNSO, the GAC and the ICANN board.

9.1 – Update (Volker Greimann & Jonathan Robinson)
9.2 – Discussion
9.3 – Next steps

Item 10: Any Other Business (5 mins)

Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article X, Section 3)
9. Except as otherwise specified in these Bylaws, Annex A hereto, or the GNSO Operating Procedures, the default threshold to pass a GNSO Council motion or other voting action requires a simple majority vote of each House. The voting thresholds described below shall apply to the following GNSO actions:

a. Create an Issues Report: requires an affirmative vote of more than one-fourth (1/4) vote of each House or majority of one House.

b. Initiate a Policy Development Process ("PDP") Within Scope (as described in Annex A): requires an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House.

c. Initiate a PDP Not Within Scope: requires an affirmative vote of GNSO Supermajority.

d. Approve a PDP Team Charter for a PDP Within Scope: requires an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House.

e. Approve a PDP Team Charter for a PDP Not Within Scope: requires an affirmative vote of a GNSO Supermajority.

f. Changes to an Approved PDP Team Charter: For any PDP Team Charter approved under d. or e. above, the GNSO Council may approve an amendment to the Charter through a simple majority vote of each House.

g. Terminate a PDP: Once initiated, and prior to the publication of a Final Report, the GNSO Council may terminate a PDP only for significant cause, upon a motion that passes with a GNSO Supermajority Vote in favor of termination.

h. Approve a PDP Recommendation Without a GNSO Supermajority: requires an affirmative vote of a majority of each House and further requires that one GNSO Council member representative of at least 3 of the 4 Stakeholder Groups supports the Recommendation.

i. Approve a PDP Recommendation With a GNSO Supermajority: requires an affirmative vote of a GNSO Supermajority,

j. Approve a PDP Recommendation Imposing New Obligations on Certain Contracting Parties: where an ICANN contract provision specifies that "a two-thirds vote of the council" demonstrates the presence of a consensus, the GNSO Supermajority vote threshold will have to be met or exceeded.

k. Modification of Approved PDP Recommendation: Prior to Final Approval by the ICANN Board, an Approved PDP Recommendation may be modified or amended by the GNSO Council with a GNSO Supermajority vote.

l. A "GNSO Supermajority" shall mean: (a) two-thirds (2/3) of the Council members of each House, or (b) three-fourths (3/4) of one House and a majority of the other House."

Appendix 2: Absentee Voting Procedures (GNSO Operating Procedures 4.4)
4.4.1 Applicability
Absentee voting is permitted for the following limited number of Council motions or measures.
a. Initiate a Policy Development Process (PDP);
b. Approve a PDP recommendation;
c. Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN Bylaws;
d. Fill a Council position open for election.

4.4.2 Absentee ballots, when permitted, must be submitted within the announced time limit, which shall be 72 hours from the meeting's adjournment. In exceptional circumstances, announced at the time of the vote, the Chair may reduce this time to 24 hours or extend the time to 7 calendar days, provided such amendment is verbally confirmed by all Vice-Chairs present.

4.4.3 The GNSO Secretariat will administer, record, and tabulate absentee votes according to these procedures and will provide reasonable means for transmitting and authenticating absentee ballots, which could include voting by telephone, e- mail, web-based interface, or other technologies as may become available.
4.4.4 Absentee balloting does not affect quorum requirements. (There must be a quorum for the meeting in which the vote is initiated.)
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